Madras High Court
New India Assurance Co. Ltd vs Fathima on 21 August, 2023
C.M.A.No.1898 of 2023
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.08.2023
CORAM:
THE HONOURABLE MR JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MRS JUSTICE R.KALAIMATHI
C.M.A.No.1898 of 2023
and
C.M.P.No.18474 of 2023
New India Assurance Co. Ltd.,
Issuing Office at Sharon Building,
161, A, East Veli Street,
Madurai – 625 001. ...Appellant
Vs.
1.Fathima
2.Sheik Ahamed
3.P.Anguraj
4.S.Susila ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 04.01.2023 made
in MCOP.No.46 of 2016 on the file of the Motor Accident Claims Tribunal
(III-Additional District Judge, Tiruppur) at Dharapuram.
For Appellant : C. Ramesh Babu
For R1 & R2 : Ms.Adhishree Manokaran -Caveator
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.1898 of 2023
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
The Insurance Company is on appeal. Challenge is to the award
of the Motor Accident Claims Tribunal, Dharapuram made in MCOP.No.46
of 2016 dated 04.01.2023.
2.The claimants are the parents of the deceased. They sought for
compensation of Rs.17,00,000/- for the death of their son Sheik
Mohammed, aged about 23 years in a road accident that occurred on
09.07.2015 at about 4.30 p.m. According to the claimants, when the
deceased was driving the TATA Ace goods vehicle bearing Registration
No.TN-33-AL-7571 on the extreme left side of the Kangayam-Erode main
road, the lorry bearing Registration No.TN-61-A-9448 driven in a rash and
negligent manner by its driver came in the opposite direction and collided
against the goods vehicle causing the death of the driver. Contending that
their son was earning a sum of Rs.10,000/- per month, the parents sought for
a compensation of Rs.17,00,000/-. A First Information Report was
registered against the driver of the lorry.
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C.M.A.No.1898 of 2023
3.The claim was resisted by the Insurance Company contending
that the accident did not occur in the manner suggested by the claimants. It
was claimed that the deceased was responsible for the accident and as it was
his negligence that caused the accident. At trial, the mother of the deceased
was examined as P.W.1. One Palanisamygounder and Sankar were
examined as P.W.2 and P.W.3. Exs.P1 to P32 were marked. On the side of
the Insurance Company one Rajan Babu was examined as R.W.1 and
Tmt.Jamuna was examined as R.W.2. Exs.R1 to R4 were marked. R4 is the
copy of the charge sheet.
4.On examination of the evidence that was placed before the
Tribunal, it came to the conclusion that the deceased had also contributed to
the accident to a certain extent. Though the Section 161 statement was
made against the deceased, the Tribunal, on appreciation of the evidence of
the eye-witnesses, fixed the quantum of negligence on the deceased at 20%.
A salary certificate was produced to show that the deceased was earning
Rs.17,000/- per month. The Tribunal took the monthly income at
Rs.12,000/-, since Rs.5,000/- was shown as loading and unloading
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C.M.A.No.1898 of 2023
commission/batta. The Tribunal added 50% towards future prospects. The
deceased being a bachelor, it deducted 50% towards personal expenses and
arrived at the monthly loss of income at Rs.12,000/-. It adopted multiplier
of 18, since the deceased was aged about 23 years and arrived at the total
loss of income at Rs.25,92,000/-. The Tribunal added Rs.16,500/- each
towards funeral expenses and loss of estate and Rs.88,000/- towards loss of
filial consortium. Thus, the total compensation was arrived at
Rs.27,13,000/- and after deducting 20% towards contributory negligence,
the Tribunal granted a sum of Rs.21,70,400/- as compensation. Aggrieved,
the Insurance Company is on appeal.
5.We have heard Mr.C.Ramesh Babu, learned counsel for the
appellant.
6.The learned counsel for the appellant / Insurance Company
would point out that the Tribunal ought to have adopted future prospects
only at 40% and not 50%, since the deceased was employed in a private
concern. We find that the salary certificate of the deceased has been
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C.M.A.No.1898 of 2023
produced and supporting documents like payment of GST and Value Added
Tax have also been produced. The Tribunal has taken only a portion of the
income. The remaining amount of Rs.5,000/- that has been disallowed by
the Tribunal. Loading and unloading commission may not be a constant
figure, but the deceased would have earned some amount towards Batta
every month. We are therefore, unable to approve the action of the Tribunal
in omitting that part of the income totally and taking only Rs.12,000/- per
month. True, the adoption of 50% towards future prospects may not be
correct. The Hon'ble Supreme Court in National Insurance Company
Limited Vs. Pranay Sethi and Others reported in (2017) 16 SCC 680 has
held that 50% future prospects can be adopted only for persons, who are in
permanent job.
7.Even though such adoption of 50% is on the higher side, we
find that the Tribunal has taken the monthly income at Rs.12,000/-, which in
our opinon, is very low, even considering the salaries that were drawn by
the last grade employees working in Government at the relevant point of
time. Even though we are unable to approve the action of the Tribunal in
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C.M.A.No.1898 of 2023
adopting 50% increase towards future prospects, we find that the overall
compensation is just and reasonable. We therefore, do not see any reason to
interfere with the award. This Civil Miscellaneous Appeal therefore, fails
and it is accordingly, dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
(R.S.M.,J.) (R.K.M.,J.)
21.08.2023
kkn
Internet:Yes/No
Index:Yes/No
Speaking/Non-speaking
Nuetral Citation : Yes/No
https://www.mhc.tn.gov.in/judis
C.M.A.No.1898 of 2023
To:-
The Motor Accident Claims Tribunal,
III-Additional District Court,
Dharapuram.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1898 of 2023
R.SUBRAMANIAN, J.
and
R.KALAIMATHI, J.
KKN
C.M.A.No.1898 of 2023
and
C.M.P.No.18474 of 2023
21.08.2023
https://www.mhc.tn.gov.in/judis
